Forgery of Foreign Bills Act 1803

Last updated

Forgery of Foreign Bills Act 1803 [1]
Act of Parliament
Coat of Arms of the United Kingdom (1801-1816).svg
Long title An Act for preventing the forging and counterfeiting of Foreign Bills of Exchange, and of Foreign Promissory Notes and Orders for the Payment of Money; and for preventing the counterfeiting of Foreign Copper Money.
Citation 43 Geo. 3. c. 139
Territorial extent  Scotland
Dates
Royal assent 11 August 1803
Other legislation
Repealed by Statute Law (Repeals) Act 2013
Status: Repealed
Revised text of statute as amended

The Forgery of Foreign Bills Act 1803 (43 Geo. 3. c. 139) was an Act of the Parliament of the United Kingdom. Prior to its repeal in 2013, it created offences of forgery of foreign instruments in Scotland.

Contents

Preamble

The preamble read:

Whereas the practice of forging and counterfeiting foreign bills of exchange, foreign promissory notes, and foreign orders for payment of money hath of late greatly increased, and plates of such bills, notes, and orders have been in some instances engraven within the United Kingdom of Great Britain and Ireland, whereby such forgeries have been more easily committed; and it is expedient that effectual provision should be made for the preventing of the same:

Section 1

In Scotland, this section read:

If any person from and after the passing of this Act shall, within any part of the United Kingdom of Great Britain and Ireland, falsely make, forge, or counterfeit, or cause or procure to be falsely made, forged, or counterfeited, or knowingly aid or assist in the false making, forging, or counterfeiting any bill of exchange, or any promissory note, undertaking, or order for the payment of money, purporting to be the bill of exchange, promissory note, undertaking, or order for the payment of money of any foreign prince, state, or country whatsoever, or of any minister or officer entrusted by or employed in the service of any foreign prince, state, or country, or of any person or company of persons resident in any foreign state or country, or of any body corporate and politic, and body in the nature of a body corporate and politic, created or constituted by any foreign prince or state, with intent to deceive or defraud his Majesty, his heirs and successors, or any such foreign prince, state, or country, or with intent to deceive or defraud any person or company of persons whomsoever, or any body corporate and politic, or body in the nature of a body corporate and politic whatsoever, whether the same be respectively resident, carrying on business, constituted or being in any part of the United Kingdom or in any foreign state or country, and whether such bill of exchange, promissory note, or order be in the English language, or in any foreign language or languages, or partly in one and partly in the other; or if any person from and after the passing of this Act shall, within any part of the said United Kingdom, tender in payment or in exchange, or otherwise utter or publish as true any such false, forged, or counterfeited bill of exchange, promissory note, undertaking, or order, knowing the same to be false, forged, or counterfeited, with intent to deceive or defraud his Majesty, his heirs and successors, or any foreign prince, state, or country, or any person or company of persons, or any body corporate and politic, or body in the nature of a body politic and corporate as aforesaid; then every person so offending shall be deemed and taken to be guilty of felony, and being thereof lawfully convicted, shall be transported for any term of years not exceeding fourteen years.

Repeals

This section was repealed for England and Wales by section 31 of the Forgery Act 1830, and for Ireland by section 1 of, and the Schedule to, the Criminal Statutes Repeal Act 1861.

Sentence

A person guilty of an offence under this section was liable to imprisonment for a term not exceeding fourteen years. [2]

Section 2

In Scotland, this section provided:

And no person from and after the passing of this Act shall, within any part of the United Kingdom of Great Britain and Ireland, engrave, cut, etch, scrape, or by any other means or devise, make or knowingly aid or assist in the engraving, cutting, etching, scraping, or by any other means or devise making in or upon any plate whatsoever any bill of exchange, or any promissory note or undertaking, or order for the payment of money, purporting to be the bill of exchange, promissory note, undertaking, or order of any foreign prince, state, or country, or of any minister or officer entrusted by or employed in the service of any foreign prince, state, or country, or of any person or company of persons resident or being in any foreign state or country, or of any body corporate and politic, or body in the nature of a body corporate and politic, or constituted by any foreign prince or state, or any part of any such bill of exchange, promissory note, undertaking, or order, without an authority in writing for that purpose from such foreign prince, state, or country, minister or officer, person, company of persons or body corporate and politic, or body in the nature of a body corporate and politic, or from some person duly authorized to give such authority, or shall within any part of the said United Kingdom without such authority as aforesaid, by means of any such plate, or by any other device or means, make or print any such foreign bill of exchange, promissory note, undertaking, or order for the payment of money or any part thereof, or knowingly, wilfully, and without lawful excuse (the proof whereof shall lie upon the party accused) have in his or her custody any such plate or device or any impression taken from the same; and if any person shall offend in any of the cases aforesaid, he shall be deemed and taken to be guilty of a misdemeanour and breach of the peace, and being thereof convicted according to law shall be liable for the first offence to be imprisoned for any time not exceeding six months, or to be fined... or to suffer one or more of the said punishments, and for the second offence to be transported to any of his Majesty’s colonies or plantations for the term of fourteen years: Provided always, that nothing in this Act contained shall extend or be construed to extend in any manner whatsoever to repeal or alter any law or statute now in force for the prevention or punishment of the crime of forgery in any respect whatsoever within any part of the said United Kingdom.

Repeals

The words omitted were repealed for Scotland by section 2 of the Criminal Justice Act 1948.

This section was repealed for England and Wales by section 31 of the Forgery Act 1830, and for Ireland by section 1 of, and the Schedule to, Criminal Statutes Repeal Act 1861.

Sentence

A person guilty of a second offence under this section was liable to imprisonment for a term not exceeding fourteen years. [3]

Sections 3 to 8

These sections are repealed by section 1 of, and the Schedule to, the Criminal Statutes Repeal Act 1861.

Repeal

This Act was repealed for the Republic of Ireland by sections 2 and 3 of, and Part 4 of Schedule 2 to, the Statute Law Revision Act 2007. The Draft Statute Law (Repeals) Bill 2012, contained in the nineteenth report on statute law revision of the Law Commission and the Scottish Law Commission, proposed repealing the Act for Scotland. The whole Act was repealed in Scotland by section 1 of, and Group 4 of Part 2 of Schedule 1 to, the Statute Law (Repeals) Act 2013.

See also

Related Research Articles

<span class="mw-page-title-main">Forgery</span> Process of making, adapting, or imitating objects to deceive

Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud. Tampering with a certain legal instrument may be forbidden by law in some jurisdictions but such an offense is not related to forgery unless the tampered legal instrument was actually used in the course of the crime to defraud another person or entity. Copies, studio replicas, and reproductions are not considered forgeries, though they may later become forgeries through knowing and willful misrepresentations.

In criminal law, property is obtained by false pretenses when the acquisition results from the intentional misrepresentation of a past or existing fact.

<span class="mw-page-title-main">Sacrilege</span> Violation or injurious treatment of a sacred object, site or person

Sacrilege is the violation or injurious treatment of a sacred object, site or person. This can take the form of irreverence to sacred persons, places, and things. When the sacrilegious offence is verbal, it is called blasphemy, and when physical, it is often called desecration. In a less proper sense, any transgression against what is seen as the virtue of religion would be a sacrilege, and so is coming near a sacred site without permission.

<span class="mw-page-title-main">High treason in the United Kingdom</span> Offence under British law

Under the law of the United Kingdom, high treason is the crime of disloyalty to the Crown. Offences constituting high treason include plotting the murder of the sovereign; committing adultery with the sovereign's consort, with the sovereign's eldest unmarried daughter, or with the wife of the heir to the throne; levying war against the sovereign and adhering to the sovereign's enemies, giving them aid or comfort; and attempting to undermine the lawfully established line of succession. Several other crimes have historically been categorised as high treason, including counterfeiting money and being a Catholic priest.

<span class="mw-page-title-main">Negotiable instrument</span> Contract document exchangeable for money

A negotiable instrument is a document guaranteeing the payment of a specific amount of money, either on demand, or at a set time, whose payer is usually named on the document. More specifically, it is a document contemplated by or consisting of a contract, which promises the payment of money without condition, which may be paid either on demand or at a future date. The term has different meanings depending on the use of the term as it is used in the application of different laws, and depending in which country and context it is used. The word "negotiable" refers to transferable and "instrument" refers to a document giving legal effect by the virtue of the law.

<span class="mw-page-title-main">Treason Act 1351</span> United Kingdom legislation

The Treason Act 1351 is an Act of the Parliament of England which codified and curtailed the common law offence of treason. No new offences were created by the statute. It is one of the earliest English statutes still in force, although it has been very significantly amended. It was extended to Ireland in 1495 and to Scotland in 1708. The Act was passed at Westminster in the Hilary term of 1351, in the 25th year of the reign of Edward III and was entitled "A Declaration which Offences shall be adjudged Treason". It was passed to clarify precisely what was treason, as the definition under common law had been expanded rapidly by the courts until its scope was controversially wide. The Act was last used to prosecute William Joyce in 1945 for collaborating with Germany in World War II.

Uttering is a crime involving a person with the intent to defraud that knowingly sells, publishes or passes a forged or counterfeited document. More specifically, forgery creates a falsified document and uttering is the act of knowingly passing on or using the forged document.

<span class="mw-page-title-main">Offences Against the Person Act 1861</span> UK criminal statute

The Offences against the Person Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to offences against the person from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier Consolidation Act, the Offences Against the Person Act 1828, incorporating subsequent statutes.

<span class="mw-page-title-main">Public Bodies Corrupt Practices Act 1889</span> United Kingdom legislation

The Public Bodies Corrupt Practices Act 1889 was an act of the Parliament of the United Kingdom of Great Britain and Ireland. It was one of the Prevention of Corruption Acts 1889 to 1916, a collective title adopted in 1916.

<span class="mw-page-title-main">Official Secrets Act 1920</span> United Kingdom legislation

The Official Secrets Act 1920 is an Act of the Parliament of the United Kingdom.

<span class="mw-page-title-main">Forgery Act 1861</span> United Kingdom legislation

The Forgery Act 1861 is an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions related to forgery from a number of earlier statutes into a single Act. For the most part these provisions were, according to the draftsman of the Act, incorporated with little or no variation in their phraseology. It is one of a group of Acts sometimes referred to as the Criminal Law Consolidation Acts 1861. It was passed with the object of simplifying the law. It is essentially a revised version of an earlier consolidation Act, the Forgery Act 1830, incorporating subsequent statutes.

<span class="mw-page-title-main">Bribery Act 2010</span> United Kingdom legislation

The Bribery Act 2010 (c.23) is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. Introduced to Parliament in the Queen's Speech in 2009 after several decades of reports and draft bills, the Act received the Royal Assent on 8 April 2010 following cross-party support. Initially scheduled to enter into force in April 2010, this was changed to 1 July 2011. The Act repeals all previous statutory and common law provisions in relation to bribery, instead replacing them with the crimes of bribery, being bribed, the bribery of foreign public officials, and the failure of a commercial organisation to prevent bribery on its behalf.

<span class="mw-page-title-main">Incitement to Mutiny Act 1797</span> United Kingdom legislation

The Incitement to Mutiny Act 1797 was an Act passed by the Parliament of Great Britain. The Act was passed in the aftermath of the Spithead and Nore mutinies and aimed to prevent the seduction of sailors and soldiers to commit mutiny.

<span class="mw-page-title-main">Statute of Frauds Amendment Act 1828</span> United Kingdom legislation

The Statute of Frauds Amendment Act 1828, commonly known as Lord Tenterden's Act, was an Act of the Parliament of the United Kingdom. Lord Tenterden served as Lord Chief Justice of the King's Bench between 1818 and 1832. Its purpose was for "rendering a written Memorandum necessary to the Validity of certain Promises and Engagements".

<span class="mw-page-title-main">Punishment of Offences Act 1837</span> United Kingdom legislation

The Punishment of Offences Act 1837 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It abolished the death penalty for a number of statutory offences and replaced it with transportation for life.

<span class="mw-page-title-main">Forgery and Counterfeiting Act 1981</span> United Kingdom legislation

The Forgery and Counterfeiting Act 1981 is an Act of the Parliament of the United Kingdom which makes it illegal to make fake versions of many things, including legal documents, contracts, audio and visual recordings, and money of the United Kingdom and certain protected coins. It replaces the Forgery Act 1913, the Coinage Offences Act 1936 and parts of the Forgery Act 1861. It implements recommendations made by the Law Commission in their report on forgery and counterfeit currency.

<span class="mw-page-title-main">Forgery Act 1913</span> United Kingdom legislation

The Forgery Act 1913 was an Act of the Parliament of the United Kingdom. It provided a definition of forgery and created several offences of forgery and uttering, while repealing numerous other offences of forgery, thereby consolidating the law of forgery. It did not extend to Scotland.

<span class="mw-page-title-main">Forgery Act 1837</span> United Kingdom legislation

The Forgery Act 1837 was an Act of the Parliament of the United Kingdom. It was one of the Acts for the Mitigation of the Criminal Law passed during the session 7 Will. 4 & 1 Vict.

<span class="mw-page-title-main">Forgery Act 1830</span> United Kingdom legislation

The Forgery Act 1830 was an Act of the Parliament of the United Kingdom. It consolidated into one Act all legislation imposing the death penalty for forgery. Two years later the death penalty was abolished for most of these offences, and for the remaining offences in 1837.

<span class="mw-page-title-main">Crimes Act of 1790</span> US bill

The Crimes Act of 1790, formally titled An Act for the Punishment of Certain Crimes Against the United States, defined some of the first federal crimes in the United States and expanded on the criminal procedure provisions of the Judiciary Act of 1789. The Crimes Act was a "comprehensive statute defining an impressive variety of federal crimes".

References

  1. The citation of this Act by this short title was authorised by the Short Titles Act 1896, section 1 and first schedule. Due to the repeal of those provisions, it is now authorised by section 19(2) of the Interpretation Act 1978.
  2. The Forgery of Foreign Bills Act 1803, section 1; the Penal Servitude Act 1857, section 2; the Criminal Procedure (Scotland) Act 1975, section 221(2)
  3. The Forgery of Foreign Bills Act 1803, section 1; the Penal Servitude Act 1857, section 2; the Criminal Procedure (Scotland) Act 1975, section 221(2)